(B)any position in the Federal Bureau of Investigation and Drug Enforcement Administration Senior Executive Service under section
3151.

(b)

(1)Subject to such regulations as the Office of Personnel Management prescribes, the head of the agency concerned shall fix the rate of basic pay for any position within such agency to which this section applies. A rate fixed under this section shall be—

(A)not less than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; and

(B)subject to paragraph (3), not greater than the rate of basic pay payable for level III of the Executive Schedule.

The payment of a rate of basic pay under this section shall not be subject to the pay limitation of section
5306(e) or
5373.

(2)Subject to paragraph (1), effective at the beginning of the first applicable pay period commencing on or after the first day of the month in which an adjustment takes effect under section
5303 in the rates of pay under the General Schedule, each rate of pay established under this section for positions within an agency shall be adjusted by such amount as the head of such agency considers appropriate.

(3)In the case of an agency which has a performance appraisal system which, as designed and applied, is certified under section
5307(d) as making meaningful distinctions based on relative performance, paragraph (1)(B) shall apply as if the reference to “level III” were a reference to “level II”.

(4)No employee may suffer a reduction in pay by reason of transfer from an agency with an applicable maximum rate of pay prescribed under paragraph (3) to an agency with an applicable maximum rate of pay prescribed under paragraph (1)(B).

“(1) Effective date.—The amendments made by this section [amending this section and sections
3104,
3324,
3325,
5108 and
5304 of this title] shall take effect on the first day of the first pay period beginning on or after the 180th day following the date of enactment of this Act [Oct. 8, 2008].

“(2) No reductions in rates of pay.—

“(A) In general.—The amendments made by this section may not result, at the time such amendments take effect, in a reduction in the rate of basic pay for an individual holding a position to which section
5376 of title
5, United States Code, applies.

“(B) Determination of rate of pay.—For the purposes of subparagraph (A), the rate of basic pay for an individual described in that subparagraph shall be deemed to be the rate of basic pay set for the individual under section
5376 of title
5, United States Code, plus any applicable locality pay paid to that individual on the day before the effective date under paragraph (1), subject to regulations that the Director of the Office of Personnel Management may prescribe.

“(3) References to maximum rates.—Except as otherwise provided by law, any reference in a provision of law to the maximum rate under section
5376 of title
5, United States Code—

“(A) as provided before the effective date of the amendments made by this section, shall be considered a reference to the rate of basic pay for level IV of the Executive Schedule [5 U.S.C. 5315]; and

“(B) as provided on or after the effective date of the amendments made by this section, shall be considered a reference to—

“(i) the rate of basic pay for level III of the Executive Schedule [5 U.S.C. 5314]; or

“(ii) if the head of the agency responsible for administering the applicable pay system certifies that the employees are covered by a performance appraisal system meeting the certification criteria established by regulation under section
5307(d), level II of the Executive Schedule [5 U.S.C. 5313].”

Effective Date

Section effective on such date as the President shall determine, but not earlier than 90 days, and not later than 180 days, after Nov. 5, 1990, see section
529 [title III, § 305] of Pub. L. 101–509, set out as an Effective Date of 1990 Amendment note under section
5301 of this title.

“(1) any reference in a provision of law (which is outside title 5, United States Code, and in effect immediately before this section takes effect [see Effective Date of 1990 Amendment note set out under section
5301 of this title], excluding any reference in a provision of law amended by this Act [see Short Title of 1990 Amendment note set out under section
5301 of this title])—

“(A)(i) to the rate of pay for grade GS–18 of the General Schedule, or to the maximum rate of pay under the General Schedule, shall be considered a reference to the maximum rate payable under section 5376 of such title (as amended by section
102(a));

“(ii) to the minimum rate of pay for grade GS–16 of the General Schedule shall be considered a reference to the minimum rate payable under section 5376 of such title (as amended by section
102(a)); and

“(iii) to a rate of pay for grade GS–16 or 17 of the General Schedule shall (except as provided in clause (ii)) be considered a reference to a rate of pay for a position classified above GS–15 pursuant to section 5108 of such title (as amended by section
102(b)(2)); and

“(B) to a rate of pay under the General Schedule shall not include any comparability payment payable under section 5304 of such title (as amended by this section) or any geographic adjustment payable under section
302 [section
529 [title III, § 302] of Pub. L. 101–509, set out as a note under section
5304 of this title]; and

“(2) any authority granted by a provision of law (which is outside such title, and in effect immediately before this section takes effect) to fix pay in accordance with chapter 51 and subchapter III of chapter 53 of such title—

“(A) shall not be considered to include any authority under section 5304 of such title (as amended by this section) or section
302; but

“(B) shall be considered to include authority under section 5376 of such title (as amended by section
102(a)), if applicable.

“(d) Regulations.—The Office of Personnel Management may prescribe regulations, consistent with subsection (c)(1)(B) andsection
303 [section
529 [title III, § 303] of Pub. L. 101–509, set out as a note under section
5301 of this title], governing the conversion or adjustment of rates of pay, where necessary because of the abolishment of grades GS–16, 17, and 18 of the General Schedule.”

[For reference to maximum rate under section
5376 of this title, see section 2(d)(3) ofPub. L. 110–372, set out as an Effective Date of 2008 Amendment note under this section.]